Patna High Court
Bablu Kumar @ Bablu MahtoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court granted anticipatory bail to the petitioners subject to the conditions prescribed under Section 438(2) CrPC and Section 482 B.N.S.
Summary
The petitioners, four residents of Garhpura, sought anticipatory bail fearing arrest in a case (Garhpur P.S. Case No. 110 of 2025) alleging offences under several sections of the B.N.S., including assault. They claimed innocence, stating that the actual assailants had already obtained anticipatory bail, and highlighted their own prior criminal antecedents. The State opposed the bail, arguing the seriousness of the charges. The Court examined the merits, the prior antecedents, and the statutory provisions governing anticipatory bail. It allowed the petitioners’ application, directing that they be released on bail if arrested or surrendered within four weeks, subject to a bond of Rs. 10,000 with two sureties and conditions under Section 438(2) of the CrPC and Section 482 of the B.N.S.
Issues considered
- Whether anticipatory bail can be granted to the petitioners under Section 438 of the CrPC despite the nature of the alleged offences.
- Whether the petitioners' prior criminal antecedents preclude the grant of anticipatory bail.
- Whether the prosecution’s case warrants denial of anticipatory bail under Section 482 of the B.N.S.
Legislation cited
- B.N.S. — s. 109(1), 115(2), 126(2), 191(2), 191(3), 351(2), 352, 482
- Code of Criminal Procedure, 1973 — s. 438
Subjects
- anticipatory bail
- Section 438 CrPC
- Section 482 B.N.S.
- criminal antecedents
- assault
- Bihar High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3908 of 2026
Arising Out of PS. Case No.-110 Year-2025 Thana- GADHPURA District- Begusarai
======================================================
1. Bablu Kumar @ Bablu Mahto S/O Vijay Kumar Mahto Resident of village-
Garhpura, P.s.- Garhpura, District- Begusarai
2. Pradip Mahto S/O Late Tarkeshwar Mahto Resident of village- Garhpura,
P.s.- Garhpura, District- Begusarai
3. Vikram Mahto S/O Late Ram Sagar Mahto Resident of village- Garhpura,
P.s.- Garhpura, District- Begusarai
4. Raushan Mahto @ Raushan Kumar Mahto S/O Vijay Kumar Mahto
Resident of village- Garhpura, P.s.- Garhpura, District- Begusarai
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Dilip Kumar Roy, Advocate
For the Opposite Party/s : Mr.Lakshmi Kant Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 13-03-2026 Heard learned counsel for the petitioners and
learned APP for the State and learned counsel for the informant.
2. The petitioners apprehend their arrest in
connection with Garhpur P.S. Case No. 110 of 2025 registered
for the offence under Sections 191(2), 191(3), 109(1), 126(2),
352, 351(2), 115(2) of the B.N.S.
3. As per the prosecution case, petitioners along
with others are accused of assaulting the victim.
4. It has been submitted by the learned counsel for
the petitioners that the petitioners are innocent and they have
Patna High Court CR. MISC. No.3908 of 2026(4) dt.13-03-2026
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falsely been implicated in this case. It is next submitted that the
assailants namely Ramesh Mahto and Laila have been granted
anticipatory bail. It is lastly submitted that petitioners have not
assaulted anyone. Petitioner nos. 1, 2 and 3 have two criminal
antecedents and petitioner no. 4 have three criminal antecedents.
5. Learned A.P.P. for the State opposes the prayer
for anticipatory bail of the petitioners.
6. Considering the aforesaid facts, this application
is allowed.
7. Let the petitioners, above named, in the event of
their arrest or surrender before the concerned Court below
within four weeks from today, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties
of the like amount each to the satisfaction of the learned Judicial
Magistrate- I Classs -cum- A.M., Begusarai/ concerned Court
below in connection with Garhpura P.S. Case No. 110 of 2025,
subject to the conditions laid down in Section 438(2) of the
Code of Criminal Procedure, 1973 / Section 482 of the BNSS.
(Sandeep Kumar, J)
tusharika/-
U T
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